Overview
Law, philosophy of
Law has been a significant topic for philosophical discussion since its beginnings. Attempts to discover the principles of cosmic order, and to discover or secure the principles of ...
Search Results 1 - 25 of 93. Results contain 437 matches
Playlist
Global Justice
For introductions to the current debate on global justice, the obvious entries to start with are Simon Caney’s Global Justice, recent work on and Charles Beitz’s International Relations, ...
Thematic
Causation in the law
Causal language is pervasive in the law, especially in those areas, such as contract law, tort law and criminal law, that deal with legal responsibility for the adverse ...
Thematic
Common law
Common law and custom are features of most enduring legal orders. In English law the concepts have taken on special and interrelated significance, since English law is said ...
Thematic
Constitutionalism
Constitutionalism comprises a set of ideas, principles and rules, all of which deal with the question of how to develop a political system which excludes as far as ...
Thematic
Contract law, theories of
Theories of contract law seek to articulate general principles and values underpinning the complex rules of contract law. Some theorists view contract law as simply concerned to facilitate ...
Thematic
Crime and punishment
An account of how state punishment can be justified requires an account of the state, as having the authority to punish, and of crime, as that which is ...
Thematic
Critical Legal Studies
Critical Legal Studies first developed in the USA in the latter half of the 1970s. Drawing on the political inspiration of the contemporary New Left, it was an ...
Thematic
Discrimination
A principle forbidding discrimination is widely used to criticize and prohibit actions and policies that disadvantage racial, ethnic and religious groups, women and homosexuals. Discriminatory actions often rely ...
Thematic
Dworkin, Ronald (1931–2013)
Ronald Dworkin’s early, highly controversial, thesis that there are right answers in hard cases in law, coupled with his attack on the idea that law is simply a ...
Thematic
Fa
Fa is a technical term in a variety of Chinese philosophical traditions. As a noun it means ‘standard’ or ‘norm’, and, by extension, ‘law’. As a verb it ...
Thematic
Feminist jurisprudence
The diversity of feminist philosophy and theory is represented in feminist jurisprudence, but two models of feminist jurisprudence predominate: the parity model, according to which women should be ...
Thematic
Freedom of speech
Freedom of speech is one of the most widely accepted principles of modern political and social life. The three arguments most commonly offered in its defence are that ...
Thematic
Halakhah
The central ideal of rabbinic Judaism is that of living by the Torah, that is, God’s teachings. These teachings are mediated by a detailed normative system called ...
Thematic
Human rights
Human rights are rights ascribed to human beings simply as human beings. While people may possess some rights only if they occupy a special position or role, such ...
Thematic
Human rights
REVISED
Human rights have traditionally been conceived as rights that people possess merely in virtue of being human. People may possess other rights if and because they possess a ...
Thematic
Institutionalism in law
‘Institutionalism’ is the name for an approach to the theory of law worked out in the late nineteenth and early twentieth centuries by a number of scholars from ...
Thematic
International law, philosophy of
The philosophy of international law has a long history, reaching back on some accounts beyond the Medieval period to late Hellenistic philosophy. In the twentieth century work in ...
Thematic
Jurisprudence, historical
Historical jurisprudence is the title usually given to a group of theories, which flourished mainly in the nineteenth century, that explain law as the product of predetermined patterns ...
Thematic
Justice
The idea of justice lies at the heart of moral and political philosophy. It is a necessary virtue of individuals in their interactions with others, and the principal ...
Thematic
Justice
REVISED
The idea of justice lies at the heart of moral and political philosophy. It is a necessary virtue of individuals in their interactions with others, and the principal ...
Thematic
Justice, corrective
In his treatment of justice Aristotle articulated a contrast between two forms of justice, corrective and distributive. The former deals with the rectification of an injustice inflicted by ...
Thematic
Justice, equity and law
Laws are intended to achieve justice, but the application of an otherwise just law may yield an injustice in the circumstances of a particular case. This is because ...
Thematic
Justice, international
Although it has been denied (by, for example, F.A. Hayek 1976) that the concept of distributive justice has application within states, it is not controversial that there can ...
Thematic
Law and morality
Within the tradition of natural law thinking which finds its roots in the philosophies of Aristotle and Aquinas, the political community has generally been understood in terms of ...